Opinion
NO. WR-88,006-01
02-28-2018
EX PARTE JOHN DAVID TORAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 16-26242-A IN THE 252ND DISTRICT COURT FROM JEFFERSON COUNTY
Per curiam. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a controlled substance and sentenced to twenty-five years' imprisonment.
Applicant contends that he was denied his right to appeal because trial counsel failed to timely file a notice of appeal. The trial court has determined that although trial counsel attempted to e-file a notice of appeal, no notice of appeal was received or filed. The trial court recommends that Applicant be granted an out-of-time appeal on the basis of a breakdown in the system. See Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 16-26242-A from the 252nd District Court of Jefferson County. Applicant is ordered returned to that time at which he may give a written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. Within ten days of the issuance of this opinion, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall immediately appoint an attorney to represent Applicant on direct appeal. All time limits shall be calculated as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court within 30 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: February 28, 2018 Do not publish.